Common Permits Required for Restoration in the Central Coast Region

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Summary

Restoration and research in the Central Coast that involves alteration or impacts to natural and biological resources may require a number of permits from federal, state and local agencies.

This section has a more complete list of permits (note: a few of those permits are not common, but specific to the project: http://ccows.csumb.edu/wiki/index.php/Monterey_Peninsula_Groundwater_Replenishment_Project#Permits_Required

Federal

United States Army Corps of Engineers
The USACOE has jurisdiction over navigable waters. Navigable waters of the United States are defined in the Code of Federal Regulations (CFR), specifically 33 CFR part 329 as:

waters that are subject to the ebb and flow of the tides and/or are presently used, or have been used in the past or may be susceptible for use to transport interstate or foreign commerce.[1]

The following is a list of common permits required for restoration and research. For a full list of permits see Regulatory Program Requirements.

  • Section 10 of the Rivers and Harbors Act of 1899 33 U.S.C. 403: Permit must be acquired to fill or excavate a waterway [2]
  • Section 404 of the Clean Water Act: Permit must be acquired to discharge fill material (e.g. sediment, rock into the navigable waters [3].

National Marine Fisheries Service

  • Endangered Species Act (ESA) Section 7: A biological opinions document must be obtained whenever a project may impact an ESA-listed species or habitat [4].
  • ESA Section 10(a)(1)(A)) and Section 10(a)(1)(B)):If a project may result in take of an ESA-listed species an incidental take permit or a permit for scientific research must be acquired [5].

State

Regional Water Quality Control Board

  • 401 Water Quality Certification: Required to discharge fill material into a waterway or wetland [6].

California Department of Fish and Wildlife

  • Fish and Game Code (Section 1602): Must notify CDFW of any activity that may modify a river, stream or lake. If CDFW determines that the activity negatively impacts fish and wildlife, a Lake or Streambed Alteration Agreement will be prepared [7].

California Coastal Commission

  • Coastal Development Permit: Necessary if work will be conducted within 6 miles of the coast [8].

References

  1. http://www.gpo.gov/fdsys/pkg/CFR-2011-title33-vol3/pdf/CFR-2011-title33-vol3-part329.pdf
  2. http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/materials/rhsec10.pdf
  3. http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/materials/cwa_sec404doc.pdf
  4. http://www.nmfs.noaa.gov/pr/consultation/opinions.htm
  5. http://www.nmfs.noaa.gov/pr/permits/esa_permits.htm
  6. http://www.swrcb.ca.gov/centralcoast/water_issues/programs/401wqcert/index.shtml
  7. http://www.dfg.ca.gov/habcon/1600/
  8. http://www.coastal.ca.gov/cdp/cdp-forms.html

External Links

[1] [2] [3] [4] [5]

See also

California Natural Diversity Database

Disclaimer

This page may contain students' work completed as part of assigned coursework. It may not be accurate. It does not necessarily reflect the opinion or policy of CSUMB, its staff, or students.